Bass v. State, s. 4676
| Decision Date | 24 February 1965 |
| Docket Number | Nos. 4676,4677,s. 4676 |
| Citation | 172 So.2d 614 |
| Parties | Donald BASS, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Sam E. Murrell & Sons, Orlando, for appellant.
Earl Faircloth, Atty. Gen., Tallahassee; Robert G. Stokes, Asst. Atty. Gen., Lakeland, for appellee.
Appellant, Donald Bass, appeals from two separate convictions and sentences for the crime of aggravated assault. Appellant was charged in two separate Informations, in one of which he was charged with having committed aggravated assault on one Mack Denson; and in the other of having committed the same offense against Ruby Dolphus. The two charges were consolidated for trial.
In both Informations, appellant was informed against jointly with John Price, Richard Price, Billy Hinton, Jane Hand and Dolly Hughes. Each of these defendants was found Guilty by the jury, with the exception of Richard Price, who had a directed verdict rendered in his favor because of lack of identification. The evidence submitted to the Jury shows that the appellant and his co-defendants were all white people, and that Mack Denson and Ruby Dolphus, the victims of the assault, were colored people; that Mack Denson was the operator of a beer tavern known as the 'Shanghai Juke,' which catered to the colored community in and around Kissimmee, Florida; that on July 27, 1963, appellant, accompanied by his co-defendants, went to the Shanghai Juke and attempted to purchase beer from Denson, but that Denson refused to sell the beer to the defendants, contending that he was not allowed to sell to white people. The appellant and his co-defendants disputed Denson and insisted that he sell beer to them. Consequently, a verbal dispute arose inside the tavern, whereupon Denson, an elderly negro, picked up a shotgun kept on the premises. Denson and Ruby Dolphus testified that the appellant and his co-defendants then attacked Denson and a wild melee ensued, during the course of which the shotgun went off. Denson was knocked down and struck repeatedly with the shotgun. The testimony further showed that, while Denson was being assaulted, Ruby Dolphus attempted to telephone to the Sheriff's Office, but was prevented from doing to by the female defendants, Jane Hand and Dolly Hughes, along with one or more of the male defendants, who physically attacked Dolphus, tore the telephone from the wall, and struck Dolphus on the head with the telephone, as well as striking her repeatedly with their hands and feet. The fracas ended when Denson was beaten into a state of semi-consciousness and left lying on the floor; and Ruby Dolphus was left bleeding profusely from severe head wounds, for which she was hospitalized for several days.
The appellant and his co-defendants admitted going to the tavern, and testified that the altercation occurred, but contend that they were acting in self-defense, and that Denson was the aggressor. The Jury heard all the witnesses and chose to believe the testimony of Denson, Dolphus, and the other State's witnesses, rather than the appellant and his co-defendants. There is conflict in the testimony, but there is ample evidence in the record to sustain and justify the Jury's verdict. This Court, sitting as a reviewing tribunal, cannot substitute its judgment for that of the Jury as to the credibility of the witnesses and the weight of the evidence. Martin et al. v. State, 134 Fla. 174, 183 So. 634; Land v . State, Fla., 59 So.2d 370.
The appellant, in both cases, argues that the evidence was insufficient to sustain the verdict of the Jury.
For the reasons stated above, we find this contention to be without...
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